仅为让前夫可以再娶而结婚
Marrying Solely to Return to the Previous Husband
伊本·麦斯欧德(愿真主喜悦他)说:"真主的使者ﷺ诅咒那为了使女子能与其前夫复合而娶她的人。"
Ibn Mas'ud (may Allah be pleased with him) said that "The Messenger of Allah (pbuh) cursed the man who marries a women after her divorce solely to permit her first husband.” 1
然而,这一裁定与所有学识渊博者的意见相符,例如欧麦尔·本·哈塔卜、奥斯曼·本·阿凡、阿里·本·阿比·塔利卜,以及再传弟子中的法学家。伊玛目艾哈迈德在其《圣训集》(Musnad)中,以及奈萨仪在其《圣训集》(Sunan)中,也以sahih(真实可靠)的传述链记载了此事。
However, this ruling comes in accordance with the opinion of all men of profound knowledge like 'Umar Ibn AI-Khattab, 'Uthman Ibn 'Affan, 'Ali Ibn Abi Talib and the jurists of the successors. It is reported also by Imam Ahmad in his Musnad and An-Nasa'i in his Sunan with sahih transmission.
伊本·阿拔斯(愿安拉喜悦他)说,有人向安拉的使者ﷺ询问这样一个人的裁决:他结婚只是为了使前夫能够重新娶回他所休离的妻子。使者ﷺ说:"不,(这不是合法的婚姻),合法的婚姻应当建立在真心意愿和渴望之上。任何基于欺骗或违背安拉经典的婚姻都是不被允许的。满足性欲是合法婚姻的一个条件。"2
Ibn 'Abbas (may Allah be pleased with him) said that the Messenger of Allah (pbuh) was asked about the ruling of the one who marries solely to permit the first husband to return to his divorced wife, whereupon he said, "No (it is not a legal marriage), the legal marriage should be founded on wish and desire. No marriage is permitted which is based on deception or contradiction to Allah's Book. Satisfaction of sexual desires is a condition for legal marriage.”2
'Uqbah Ibn 'Amr 传述:真主的使者ﷺ曾问道:"要不要我告诉你们那只被雇来的公山羊?"众人说:"要的,真主的使者啊!"他ﷺ解释说:"那就是为了让前夫能够复婚而结婚的人。真主至高无上诅咒了这个人,也诅咒了前夫。"3
'Uqbah Ibn 'Amr said that the Messenger of Allah (pbuh) once asked, "Would I tell you about the hired billy goat?" "Yes: O Messenger of Allah!" the people said. He (pbuh) explained, "It is the one who marries solely to permit the first husband to return to his divorced wife. Verily, Allah Most High cursed this one and the former husband as well.”3
有一人曾对伊本·欧麦尔(愿安拉喜悦他们二人)说:"我娶了一名女子,意图让她的前夫能够再次娶她。但我这样做时,前夫并不知情,他也没有命令我这样做。这样做有过错吗?"伊本·欧麦尔(愿安拉喜悦他们二人)回答说:"哦,这是不合法的。允许的婚姻应当建立在完全的意愿之上:如果你愿意,可以留住她;如果你愿意,可以与她离婚。在先知ﷺ在世时,我们把像你这样的婚姻视为非法的苟合。"此外,有许多圣训和传述谴责为了让女子回到前夫身边而娶她的行为。以下是其中的一些圣训:
Once a man said to Ibn 'Umar (may Allah be pleased with them) "I have married a woman with the intention of permitting her first husband to remarry her. However, I have done so without the knowledge of the previous husband and he did not command me to do this. Is there any wrong?" Ibn 'Umar (may Allah be pleased with them both) replied, "Oh, it is not legal. Permissible marriage should be based on complete desire, if you wish, you could hold her and if you wish you could divorce her. In the lifetime of the Prophet (pbuh), we used to consider the like of your marriage as illicit sexual relation." Moreover, there are many narrations and reports that condemn the act of marring a woman solely to return to her first husband. The following are some of these narrations:
AI-Thram和Ibn AI-Mundhir记载,'Umar(愿安拉喜悦他)说:"我会将那种为了让前夫能够复婚而娶妻的人,以及那位前夫,都用石头打死。"有人问'Umar(愿安拉喜悦他)关于为了让女子回到前夫身边而与其结婚的事,他说:"这是非法的性关系。" 'Abdullah Ibn Sharauk AI-`Amri说:"我听到Ibn 'Umar(愿安拉喜悦他们二人)被问及一个man休了妻子(她是他叔叔的女儿),而另一个人想娶她,以便让前夫能够再娶她。Ibn 'Umar(愿安拉喜悦他)解释说:'前夫和后夫都是通奸者,即便这段婚姻持续了20年。然而,前夫是否有意与她同房,才是他自招诅咒的主要标准。'" 一个人问Ibn 'Abbas(愿安拉喜悦他):"我叔叔的儿子休了他的妻子,之后他便后悔了。"Ibn 'Abbas宣布:"你叔叔的儿子违抗了安拉,因此他遭受了后悔,而他却顺从了撒旦,撒旦是不会帮助他的。"那人又问:"那么,对于一个想娶她以便让他能够再娶她的人,你怎么说?"他说:"他这是在试图欺骗安拉,但欺骗他的正是安拉。" Ibrahim An-Nakh'i说:"如果前夫、后夫或该女子的意图仅仅是为了让前夫能够再娶其所休之妻而结婚,那么这桩婚姻是非法的。"Sa'id Ibn AI-Musaib就此问题说:"这在伊斯兰教中是被禁止的。"此外,Malik Ibn Anas、Al-layth Ibn Su'd、Sufyan AI-Thawri、Imam Ahmad以及其他伟大的学者也持相同观点。Imam Shafi'i认为,若婚约中迫使一方休妻以便让其前夫能够再娶她,则该婚约无效且作废。
AI-Thram and Ibn AI-Mundhir narrated that 'Umar (may Allah be pleased with him) said, "I would stone to' death the one who marries to permit the previous husband to return to his divorced wife. I would also stone to death the first husband." 'Umar (may Allah be pleased with him) was asked about marring a woman to permit her to return to the previous husband, whereupon he said, "It is an illicit sexual relation." 'Abdullah Ibn Sharauk AI-`Amri said, "I heard Ibn 'Umar (may Allah be pleased with them both) when he was asked about a man who divorced his wife (his uncle's daughter) and someone else wanted to marry her to permit the former husband to remarry her. Ibn 'Umar (may Allah be pleased with him) explained, 'The former and latter are adulterers even if the marriage lasted for 20 years. However, the knowledge of the former husband by the aim of the marriage is the main criteria of incurring curse upon himself." A man asked Ibn 'Abbas (may Allah be pleased with him), "My uncle's son has divorced his wife and so he became regretful." Ibn `Abbas declared, "Your uncle's son disobeyed Allah and, therefore, he was inflicted with regret, whereas he obeyed Satan who will not relieve him." The man asked more, "What do you say in a man who wants to marry her to permit him to remarry her?" He disclosed, 'He, thus, seeks to deceive Allah, but it is Allah who deceives him." Ibrahim An-Nakh'i stated, "If the first husband, the second husband, or the woman intends to marry solely to permit the first husband to remarry his divorced wife, the marriage will be illegal." Sa'id Ibn AI- Musaib said concerning this issue, "It is prohibited in Islam." However, Malik Ibn Anas, Al-layth Ibn Su'd, Sufyan AI- Thawri, Imam Ahmad and other great scholars are of the same opinion. Iman Shafi'i considers the contract of marriage, in which one is compelled to divorce his wife to permit her former husband to remarry her, is null and void.